IHTM09763 - Sales of related property, etc: example of how to revalue property when both the loss on sale of land and sales of related property provisions apply
The deceased鈥檚 interest in land is valued along with other 鈥榬elated鈥� (IHTM09733) land owned by the deceased鈥檚 wife or civil partner (IHTM11032). The deceased鈥檚 interest in the land is valued at 拢40,000 (the 鈥榓ppropriate portion鈥� (IHTM09735)).Its separate value at death would have been 拢30,000. Within 3 years of death it is sold without the other land for 拢25,000. The sale is a qualifying sale for both sales of related property (IHTM09751) and loss on sale of land (IHTM33000) reliefs.
Step 1 鈥� Revalue under loss on sale of land provisions
The value of the interest is adjusted under IHTA84/S195, which applies when an interest inland is valued with, and sold without, other land (IHTM33132).
Actual sale price = 拢25,000
Plus full value of death with related property (拢40,000) less separate value (拢30,000) = +拢10,000
Total 鈥榮ale value鈥� = 拢35,000
Step 2 鈥� Revalue under sales of related property provisions
Although the sale is a 鈥榪ualifying sale鈥� under these provisions, a further condition (IHTM09760) is imposed by IHTA84/S176 (4). In this case the sale price must be adjusted because there was a drop in value from the original separate value of 拢30,000 to the sale price of 拢25,000. As the original valuation 鈥� disregarding both loss on sale of land and sales of related property reliefs - was 拢40,000, the further condition was fulfilled.
The revaluation under IHTA84/S176 (2) is calculated as follows:
Property as revalued at step 1 using the basis of valuation with related property = 拢35,000
Less the adjustment which resulted from using that basis of valuation = 拢10,000
Property as revalued under the loss on sale of land provisions on the basis of valuation without related property = 拢25,000